Case nº Revision Petition No. 2343 of 2014 of National Consumer Disputes Redressal Commission, June 05, 2015 (case General Manager, North Central Railway Vs Dhirendra Kumar Rai and Ors.)
| Judge | For Appellant: Sanjeev Kumar Varma, Advocate |
| President | Ajit Bharihoke, J. (Presiding Member) and Rekha Gupta, Member |
| Resolution Date | June 05, 2015 |
| Issuing Organization | National Consumer Disputes Redressal Commission |
Order:
Ajit Bharihoke, J. (Presiding Member)
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This revision is directed against the order of the State Commission Uttar Pradesh dated 18.12.2013 resulting in dismissal of appeal preferred against the order of the District Forum.
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Briefly stated facts relevant for the disposal of the revision petition are that respondents filed a consumer complaint in District Forum Allahabad alleging that on 03.12.2006, they boarded Bombay Janta Express for travelling from Allahabad to Buxar. The complainants had reservation in coach No. S-5 berth Nos. 17 & 20. There were several passengers having no reservation in the coach. The complainants reported the presence of unauthorised passengers to TTE but the TTE ignored their complaint and did not take any action. The train stopped at Mughal Sarai station. When the train proceeded further from Mughal Sarai Station, one of the unauthorised passenger snatched the purse of complainant No. 2. He was caught by the complainants. However said person threw the bag towards his friend who jumped out of the running train alongwith the bag. The said bag apart from the tickets of the complainants contained Rs. 500/- cash, two gold chains of 28 grams, one gold ring, on pair of jhumka, one nose pin, one pair of silver kada of child besides keys and medicines. The total value of goods contained in the bag was about Rs. 55,000/-. The bag snatcher was handed over to G.R.P. Police Station Mughal Sarai and FIR was registered. According to the complainants, the petitioner by allowing unauthorised persons to travel in a reserved compartment have indulged in deficiency in service which has resulted in loss to the complainants.
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The petitioner opposite party in its written version took the plea that Allahabad District Forum does not have territorial jurisdiction to try the complaint. The allegations on merits are also denied and it is pleaded that value of the contents of purse have been wrongly mentioned as Rs. 55,000/-.
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The District Allahabad on consideration of pleadings and the evidence adduced by the parties came to the conclusion that the petitioner opposite party has committed deficiency in service by allowing unauthorised persons to travel in the reserved coach despite of the fact that complainants made a complaint in this regard to the T.T.E. Thus, the District Forum allowed the complaint and directed the petitioner to pay to the complainant a sum of Rs. 55,000/- with 8% interest thereon from the date of filing of...
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